Legal Question in Real Estate Law in India

Sister share on mother's name property

I'm hindu from punjab.My father has purchased land on my mother's name and cosntructed the house. He died last year. Can my sister can ask fo share in property. My mother is not willing to give property to my sister. What is the best way to get property on my name after her death.


Asked on 6/23/08, 6:44 am

3 Answers from Attorneys

Re: Sister share on mother's name property

Your mother should make a will in your name.

Make sure that at the time of execution of the will, it should not be made out from will that your mother was under some kind of pressure from your side or mentally disturbed while making the will.

Also include a paragraph in the will that as the mother has spent so and so...... for sister marriage, thats why she is excluding her from the will, if possible. I hope you got the point.

However, having said that, please be clear that a will can be challenged by any person from the family.

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Answered on 6/23/08, 10:38 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Sister share on mother's name property

Already replied.

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Answered on 6/25/08, 12:18 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Sister share on mother's name property

First one need decide who is the owner - your father or mother or HUF. If your father or HUF was the owner, then rights of his heirs viz. widow, sons, daughters etc. created on the moment of his death. If your mother is the owner, then during her life time nobody has any right in the property. Further, your mother can dispose the her property either by sale or gift during her life time or can make a will for disposal after her death.

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Answered on 6/24/08, 1:33 am


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